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CASS-WARNER CORPORATION v. BRICKMAN

Nos. 370, 371.

229 A.2d 309 (1967)

CASS-WARNER CORPORATION v. Herbert L. BRICKMAN and Joyce Brickman. Herbert L. BRICKMAN and Joyce Brickman v. CASS-WARNER CORPORATION.

Supreme Court of Vermont. Chittenden.

Reargument Denied April 11, 1967.

Attorney(s) appearing for the Case

Philip Kolvoord, Essex Junction, for plaintiff.

McNamara, Fitzpatrick & Svlvester, Burlington, for defendants.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

KEYSER, Justice.

Cass-Warner Corporation brought suit (No. 370) to recover a balance claimed to be due for labor and materials furnished to defendants, Brickmans, for the construction of a marina. Thereafter, the Brickmans brought a counter-suit (No. 371) seeking damages for alleged improper and defective work done by Cass-Warner "under an agreement". The cases were consolidated for trial by agreement of counsel. Hearing was by court. Findings of fact were made by...

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